Santa Fe New Mexican

The next step: Anti-sexual harassment policy

- Rep. Nathan P. Small, D-Las Cruces, is a third-generation New Mexican from a family of educators and ranchers.

In 2017, I was proud to co-sponsor and vote to pass legislatio­n to place a strong Independen­t Ethics Commission on the 2018 ballot. In 2018, we must take another critical step forward for ethics and against corruption, and implement a comprehens­ive anti-sexual harassment policy.

Making the Capitol safe for everyone is an issue of basic human dignity and good government accountabi­lity. We know there is strong, bipartisan support for this anti-sexual harassment policy. We also know that getting critical details right is essential for the policy to work.

We need an independen­t, outside body to receive and investigat­e all sexual harassment reports. Having an independen­t body investigat­e sexual harassment reports builds trust and confidence for those who report sexual harassment. It also builds confidence and trust in the outcome of investigat­ions.

Conversely, keeping the investigat­ion process “in-house” will discourage sexual harassment reports and sow confusion, mistrust and lack of confidence in investigat­ion outcomes. We made the right choice in creating an Independen­t Ethics Commission that is not “in house.” We should come together again to make the right choice for independen­t, outside investigat­ions of sexual harassment reports.

Another crucial detail is not including a “false reporting” mechanism. As we have seen throughout the country — and in gut-churning detail right here in New Mexico — it takes incredible courage to report sexual harassment when careers and intense personal trauma are on the line. Including “false reporting” penalties discourage­s those who observe or experience sexual harassment from reporting it for fear of retributio­n. Creating a state Capitol where sexual harassment isn’t tolerated and reports are investigat­ed profession­ally and promptly means leaving “false reporting” out.

There are many good details in the current anti-sexual harassment policy. There are also key questions and clear choices on details like an outside, independen­t investigat­ive body and avoiding false reporting. One additional element is bringing in robust bystander training for legislator­s, staff and lobbyists — carried out by a qualified group — that will prevent and stop sexual harassment from happening in the first place.

I honor those who have come forward to share stories of harassment. Their courage and belief in building a better New Mexico deserve our respect, gratitude and most importantl­y our action. While I know that the issue of harassment is all too real, I also know that there is an overwhelmi­ng will from good people who want to make our state Capitol a place of dignity and good government. Read the current draft policy by going to www.nmlegis.gov.

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